Now that entities are aware that at least 1.2 billion records have been compromised from websites spanning across all industries, a question arises whether entities have an obligation to investigate whether their websites...more

A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

Part of JD Supra's series on innovation and the law. The NLRB has famously struck down employers’ social media policies based on a law that was adopted during the New Deal and has not been amended since....more

Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data breach and implementing...more

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

In March 2012, the Obama Administration announced its Big Data Research and Development Initiative. The program involves a total of over $200 million in new commitments from several departments and agencies to improve the...more

Life is full of anxieties. We all know that. Some suffer worse anxieties than others. As I often say, anxiety comes and goes. Anxiety cannot be measured but is something that everyone experiences on their own terms....more

The message–that’s what I’m talking about–who’s gonna get the message sent to them first?
Data breaches, hacking, and privacy are one of the biggest news stories since 2011 and there is no sign that will be changing...more

Cyber-attacks against U.S. companies have been skyrocketing in recent years, with 2011 seeing an increase of nearly 44 percent according to the National Security Agency. While many businesses have implemented and continue to...more

application. The case highlights the evolution of publicity rights in the face of social media.
Publicity rights have been protected since the advent of the Hollywood celebrity in the second half of the 20th century. In...more

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are...more

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims.
The Green Guides are...more

Infographic: The Growing Impact of Social Media
Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. As with the Internet boom during the mid-to-late...more

The European perspective on managing cyber risk is valuable for US companies operating internationally and also as risk management guidance when operating in the US.
Recently, an arm of the UK Government Communication...more

The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

California takes citizen privacy rights seriously.
That’s the unmistakable message communicated by a recent announcement that the Office of the Attorney General of California is creating a Privacy Enforcement and...more

This week, Apple shareholders requested that its Board of Directors publish a report explaining how the board oversees privacy and data security risks. The proposal was prompted by concern that recent issues such as the...more

Google’s business model is based on delivering relevant search results and, increasingly, relevant ads to those who use its products. In order to do so, Google needs to know a user’s search history since search history and...more